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HomeMy WebLinkAboutordinance.council.035-03 Page: 1 of' 3 L - 02/10/2004 08:55~ SI VI~ DAVIS I KI~J COUNTY CO R 16.ee O o.ee OPera-- (Series of 2003) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION 'OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MASCOTTE-LODE ANNEXATION." WHEREAS, on March 25, 2003, one-hundred percent (100%) of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.;.and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be mmexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS, the City Council, by resolution ' (Number 38, Series of 2003) at its regular meeting on April 24, 2003, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107; C.R.S.; and WHEREAS, the City Council, by resolution (Number ,.~, Series of 2003) at its regular meeting on June 23, 2003, did find and determine, following a public heating, said Petition for Annexation to be in substantial compliance with § § 31-12-104 and 31-12-105,'C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ORDINANCE NO. (Series of 2003) AN ORDINANCE OF TITE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE "MASCOTTE-LODE ANNEXATION." WHEREAS, on March 25, 2003, one-hundred percent (100%) of the owners of the property proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in §31-12-107, C.R.S.; and WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, have consented in writing to the annexation; and WHEREAS. the City Council, by resolution (Number 38. Series of 2003) at its regular meeting on April 24, 2003, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of §31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number ~ , Series of 2003) at its regular meeting on June 23, 2003, did find and determine, following a public heating, said Petition for Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "Mascotte-Lode Annexation", and as shown on the annexation map, is hereby annexed to the City of Aspen, Colorado. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the original of this annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two cop~es of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs, State of Colorado. Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 4. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shail be held on the/~' day of//?~Y~ , 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day of ~ ,2003. . ,: ~ , ~.-' . ~Ielen/Ka]t~ ~K~d, Mayor ATTEST: % Kathryn S. K0~, Qity Clerk FINALLY adopted, passed and approved~/~f/~ .... , 2003. ~-Ielen Kalin"[ill~nd~ ,Mayor ATTEST( - Kg ~thryn S. ~h, City Clerk JPW-O6/17/2OO3-G:\john\word\ords\mascotte-ann.doc